NHS CIRCULAR MEL(1998) DEAR COLLEAGUE POLICY FRAMEWORK FOR THE

Dear Colleague

POLICY FRAMEWORK FOR THE MANAGEMENT OF INTELLECTUAL PROPERTY WITHIN THE NHS ARISING FROM RESEARCH & DEVELOPMENT

Summary

1. The Management Executive has adopted a policy framework for the management of Intellectual Property within the NHS in Scotland arising from Research & Development (R&D) funded by the R&D Support Fund. This framework will help ensure that Intellectual Property derived from NHS R&D is owned and exploited in the best interests of the NHS, and Scotland as a whole, by those best able to do so.

Action

2. NHS bodies engaged in R&D funded by the R&D Support Fund (particularly NHS Trusts and Family Health Services independent contractors) should review their arrangements for the management of Intellectual Property in the next 10 months and ensure that satisfactory arrangements, in line with the attached Policy Framework are in place as soon as possible thereafter and no later than June 1999.

3. This Framework can equally be applied to Health Boards and GP Fundholders.

4. NHS bodies not currently in receipt of funding from the R&D Support Fund but who expect to apply for funding in the future should note the Policy Framework for information.

The Policy Framework requires NHS bodies to:-

4.1 review their R&D funding arrangements to ensure that their contracts properly cover the ownership of and continued access to Intellectual Property and arrangements for sharing any profits generated by its exploitation;

4.2 review their R&D management arrangements to ensure that they are in a position cost effectively to exploit any Intellectual Property that they themselves own, where this is appropriate;

April 1998

^{________________________}

^Addressees:

^{For action:}

NHS Trust Chief Executives

General Managers, Health

Boards

R&D Lead Officers

For information:

General Manager, Common

Services Agency

General Manager, Health

Education Board for Scotland

General Manager, State

Hospitals Board for Scotland

Executive Director, SCPMDE

^{________________________}

^{Enquiries to:}

^{Alan Woodhouse}

^{Room 227b}

^{St Andrew’s House}

^{EDINBURGH EH1 3DG}

^{Tel:  0131-244 2259}

^{Fax:  0131-244 2285}

^{Bill Dempster}

^{Room 223}

^{St Andrew’s House}

^{EDINBURGH EH1 3DG}

^{Tel:  0131-244 2077}

^{Fax:  0131-244 2285}

^{_______________________}

^{Further copies from:}

^{Gill Lindsay}

^{Room 227a}

^{St Andrew's House}

^{EDINBURGH EH1 3DG}

^{Tel:  0131-244 2244}

^{Fax:  0131-244 2285}